1946-2171294 T r
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July r. � � lc1 ' 6
Xxo Albwrt J . Lee
c/o Iauee , P'orwtard , Lee Qv Kunzell
suite 1220
i;tin Diego :rust n avingF; 11144.0 ,
sin ? logo , C ,lifoz• niA
Pear 1irt
Enclosed to n certified copy of a Remolution , p aseed
and adopted by the flc% ,iri of Fiupervisors the Sth clay of July ,
1946, vaotting and mbiindoning portions of hth Street and viest
6th `•jtraet to Colony Olivenhsin nncl { aneho Los Fnoinitas .
:fcaurs very truly ,
J . Be Trot ,ecq County Clerk
and say: officio Clerk of
the Board of Supervisors
�y
Deputy
1 E:nol .
act 5urvoyor
Planning Commission
. c:ntldy , I of 1)honc3 Comp,rny
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In the Matter of a Resolution to )
Vacate and Abandon Portions of
4th . Street and West 6th Street in
Colony Olivenhain and Rancho Los
Encinitas . . . . . . . . . . . . . . . . . . . . . . . . ))
ON MOTION of Supervisor Augtin , seconded by Supervisor
Robbins , the following resolution and order is adopted :
WHEREAS , Carl A. and Eleanor T . Eckardt have requested this Board
to vacate and abandon those portions of 4th Street and West 6th Street
in Colony Olivenhain and Rancho Los Encinitas hereinafter described for
the reason that the County has obtained easements and has constructed a
road which serves the territory intended to be served by said portions
of said 4th Street and West 6th Street ; and
WHEREAS , it appears that said portions of said 4th Street and West
6th Street have been superseded by relocation and are not now used as a
county highway , and that no one will be deprived of access to his property
by reason of the abandonment thereof ; and
WHEREAS , the County Planning Commission has recommended that said
portions of said Streets be vacated and abandoned ;. and
WHEREAS , it appears to this Board that said portions of said 4th
Street and West 6th Street are not needed for present or prospective use
as a county highway ,
NOW, THEREFORE , this Board finds that said portions of said 4th
Street and West 6th Street have been superseded by relocationiof the
county highway , are no longer needed for present or prospective use as a
county highway , and their abandonment will not out off all access to the
property of any person which , prior to such relocation , adjoined the
highway ;
AND , THERE FORE , BE IT RESOLVED AND ORDEREb by the Board of Super-
visors of San Diego County that the easements of right of way owned by
the County of San Diego over and across portions of 4th Street and West
6th Street in Colony Olivenhain and Rancho Los Encinitas described as
follows :
/ # 1 .
'Minute Vol . r 3� __ , Fage_k?�6 lfL �
That portion of the unnamed street , or 4th Street , lying
between Lots 27 and 28 , and lying westerly of the southerly
prolongation of the westerly line of Colony Avenue and easterly
of the southerly prolongation of the easterly line of West t1B "
Street ; and that portion of West 6th Street lying westerly of
the west line of West ttBtt Street and easterly of the westerly
line of the Rancho Los Encinitas ;
EXCEPTING therefrom those portions thereof lying within
County Road. - Survey No . 458 , according to plat on file in the
office of the Surveyor of San Diego County . All as shown on
Map No . 326 of Colony Olivenhain and on Map No . 848 of Rancho
Los Encinitas , filed in the office of the Recorder of said
San Diego . County ,
be and they are hereby vacated and abandoned .
PASSED AND ADOPTED by the Board of Supervisors of the County of
Ban Diego , State of California, this 8th day of July , 1946 , by the
following vote , to wits
AYES9 Supervisors Austin , Bird , Robbins , and Rossi
NOESs Supervisors None
ABSENT : Supervisor Howell
t- 'r
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$TATF OF CALIFC3RMA , ss
C4RNTr OF SAM DX E(3C , ;
I , J . B* MaLsos , county Clerk of the County of San Diego , State of
California and ex officio Clark of the Board of Supervisors of said County ,
hereby certify that I have compared the . foregoi,ng copy with the original
repolutioi passed and adopted by said Board , sa,taregular_
. meeting thereof , at the time and by the vote therein state-- - d, - which original
11 ' re6olution is now on file in my office ; that the same contains a full ,
true and correct trAnsoript therefrom and of the whole thereof.
Witness my hand and the Soul of said Hoard of Supervisors , thisgt__
day of A
, h , �, �._•
J . Be MoL EES , County Cleric
and ex offioio Clerk of the
Board. f Supervisors
y
( Sgt►L. ) ?deputy
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K.Z # � 77S � to 2 � •y�_S
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c , Recorded At Request of
Cu- _ n aDF�
g T s `'
to
VV1 °
6-17- 46 ( 104 ) June 21 , 1946
Mr . Thomas Whelan , District Attorney
and ex offiolo County Counsel
Civic Center
San Diego , California
Dear Sir :
Enclosed is a duplicate copy of petition which was filed with the
Board of Supervisors by Albert J . Lee , as attorney for Carl A . and
Eleanor T . Eckardt , requesting the vacation of roads in the Colony
of Olivenhain . Also enclosed is a map which was filed with the
petition , showing the roads they wish to have vacated .
The Planning Commission reports as follows :
"Upon field investigation we found no development along
this proposed vacation . Also , in discussing the matter
with the law firm representing the applicant , the com-
mittee was informed that the applicant wanted to vacate
West 6th . Street , between the Westerly boundary line of
the Ranch and West ' B ' - Street , and also that unnamed
street from West ' BI to Colony Avenue .
"At its regular meeting of June 8 , 19461 the Planning
Commission recommended the vacation of old County Road ,
as shown in red on the attached map . "
The Board on June 17 , 1946 , referred this to you for a Resolution
of Intention to vacate the streets , in accordance with the Planning
Commission ' s recommendation .
Very truly yours ,
J . B . MOLEES , County Clerk
and ex officio Clerk of the
Board of Supervisors
By
MN : Jm Deputy
Enclosures
cc : Planning Commission
Albert J . Leg C/o Luce , Forward , Lee & Kunzell , Suite 1220 San
/o, M/'// Diego Trust & Savings Bldg . , San Diego , Calif .
DEPCRIPTIGN FOP VACATION OF PORTIONS
OF 4th STREET and WEST 6th STREET , IN
COLONY OLIVENHAIN . Fr RANCHO LOS ENCINITAS .
That portion of the unnsmed street , or 4th Street , lying
between Lots . 27 29 , and. lying westerly of the southerly prolongation
of the westerly line of Colony Avenue and easterly of the southerly
prolongation of the eaaterly line of Went " B ° Street ; and the + t portion
of West 6th Street lying westerly of the west sine of 'great 1113 " Street ,
and easterly of the westerly line of the Rancho Lon Encinitas ;
EXCEPTING therefrom those portions thereof lying within County Road
Survey No . , 459 , according to , plat on file in the office of the
Surveyor of San Diego County . All as shown on Map No . 326 of Colony
• Olivenhain and on JFnp Flo . 848 of Rancho Los Encinitas , filed in the
office of the Recorder of said San Diego County .,
al
61171e16 C10 y)
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■ , y-„ P !!!■F^J,� PERCY FISHER, CHAIRMAN,
ESCONDIDO
LII�I�1(LLjt � i �t � ■ � �I��r�l�l� J. C. HAYES. VICE-CHAIRMAN,
��"'11 1 R1L `���!lli1L 1LJ t.i°V i� LAKESIOr
It F. J. HANSEN, SECRETARY.
Lot It
b 1 I' J Y '� ti•1.-
• _ _ '�1 . " '
� GEO.. MESA
V. JOHNSON, NAnorut Clrr
O. B. WE7ZELL, LA JOLLA
w• ( �wi N 4 �� i� i I1 a ii ilr it Irr:.
Min ' ' �•""�i�,; WM. L. BASK ERVILLE, SAN DIEGO
'kOCCCL! I Ili ll�ll '��I �I Nl lif l_IIU
III R(Nr Hrxl3 • .III Ill oil ' EK.nrrlCln
DEAN HOWELL. SUPERVISOR
- - •— —�— may.-.�y3= ESCONDIDO
} CIVIC CINTTR SVILMNO JOHN H. L. VOGT, COUNTY SURVEYOR
SAN DIEGO
OFFICE OF THE THOMAS WHELAN, DISTRICT ATTORNEY
COUNTY SAN DIEGO
PLANNING
COMMISSION STAFF
• LORIN W. DEEWAL L, ENGINEER
213 CIVIC CENTER NORMAND OLEMSER,
PLANNING DRAFTSMAN
SAN DIEGO 1, CALIFORNIA LORENA E. FRENCH,
PLANNING DRAFTSMAN
Junc 10 , 1940 MILDRED WEINSERG, SEOREURY
C n
( 175 )
PonorablE. ror,.rd of SiApirvisors
CIVIC Center
San Diego ( 1 ) , Calilarn ir ,
Thi o is in ;Inesrer to your 1, ttor of ' 'ny ;1 , 19�-: � , in re' , rd to r.etition
filed in be }: r,If of C ;, rl L . Pc :c;;.l-Ot requeetin= th :: TrnCation of old County road
rhol.n on ! ; •p 70 j26 , ( bei ^ _ tl: e plait of t?; e Colony of 0iivrr. � :ain ) . TTOOn field
lnvestilgutiun Vfe founO n0 iieVGlOT:Iijcnt a V;1C0 . 4� ^O , in
(.1 "j 4I ir r! law .
firll r ' orestnrtin, the ayriic.^._`lt , the comrni- ttee
:'a = in "ormed thit the ;,-pplicint wein. ted to v;lcate "'est 6th . Street , bet",een the
"'ester!,, bnunrlary line of the ?s:Ic :: an�l '?est 11711 Street , ;; nd also the t unncrned.
rtre '. t from "est la ?N to Colony ;venueo
At itz rc _ul • r meeting of Jule n , 1G � , the Flannin-w Commission
recomalended the wication of oi �3 County Pond , tls , l ovjn in T•ed On t e nttnched mnp .
Ve l•y truly yours ,
SA' DTTG0 COrr'? TV_ PLiI"v?TIYCr C0: i: *1IBST0'N
Lorin reellvall
Pnr;ineer
L 'iL) .
4ncs .
1-f— i/ f
' / JUN �. 'r i94c -0 '
// / / ruxno IN ux 01940
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END
\1 1
5_ 27_46 ( 115 )
County Pl. ^nr. ing* Comrinr.. ion
213 yC'(� ivic rnn*rr n
lan Dear ! ,?I *
atlFinx r ; 1C , has t : < '� 1t i it ;z of (a.
with thn Von.ra ,o ' 111ir?%mol Corn by POLI)cwt; J . Lep of tho I &V firm
of Lticc , K!v1 " 1J. , In bollTalf of Car'. A . :4,1tVarat
and 1 * 1_canor T . 1.cl irlt , rel instiTT !? Aho t2b* M,10lirmnt; a£ the old
County P.illd rhnl:m ^n Mn7-s Ito. 3 ^6 , ( 1)(% Intr ;,io t.),, l ; or ;ulia Colony
' , GZ" Q p ,of Q' iv!•n ] 1n } v t of West B . atront ,
t Yla i{ Eo I o.}':C�ii�11 fiOI? ^!? Il Ilsijl a, !� +%A.(f� r) tl( iJ1F tJf: i` �'L1Qn ClI '� Cl E` oct'i
B
t� UY� c L i� Ti.4
Vilg pot :! tior, -res pri) apn +v ^:1 ;;o t;Ii Bond, a ,' flu; orvisor :: on F.tz:y
27 , ` � c)tl6 , and re^nx�red to th (' }' ' n,1TT3.Tyf~ c ruil (. Am.i foil rrconmonda,
Lion .
Yo , trtir Veiny truly ,
Rr . 1,36 ;0 ? '}: `, . County Clark
nlovl n:t nx^ ic to Olorlc or tha
one
(3Q : Eturvn;ror":3oncz Coc + n 1e s Q ntt()r
laico , Form.,rd , Lac & Klan ". ol.
9 . M n :%. na rn timn t11( 2 4) 1,) n1 i2' 1 T1� of .^��Ot:�?. !jjf +Jey ?,To . �N) �!i Clllt otl
4.Is rncl.oct)(l .
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LAW OFFICES
EDGAR A. LUCE LUCE , FORWARD, LEE & KU NZEL LA JOLLA OFFICE
CHAS. N. FORWARD
ALBERT J. LEE SUITE 1220 BAN DIEGO TRUST S SAVINGS BUILDING 1332 SILVERADO
FRED KUNZEL PHONE OLENCOVE 5-2t45
SAN DIEOO, CALIFORNIA
HERBERT KUNZEL FTUDOR 9C RIP PS. J R.
JACK L. OATMAN
F. TUDOR SCRIPPS,JR.
MICHAEL IBS GONZALEZ
DON P. FOGARTY
May 24 , 1946
Board of Supervisors
San Diego County ,
State of California
Gentlemen :
There is enclosed herewith the appli -
cation of Carl A . Eckardt and Eleanor T . Eckardt
for the abandonment of the old county road shown
, on Map No . 326 , ( being the plat of the Colony of
Olivenhain ) as West 6th Street , lying west of
West B Street , and also as shown on said map as
extending between said West B Street and Colony
Avenue . . . The application for abandonment is made
on the ground that the highway has been superseded
by Road Survey No . 458 .
We also enclose form of a resolution
for the abandonment of said highway and respect -
fully request that said application and form of
resolution be referred to the County Surveyor .
t �a #d Couny__counsel for their ac £ion and" if ap-
proved and recommended by them, that your Honorable
Board adopt the resolution abandoning the same .
1 .
Very truly yours ,
LUCE , FORWARD , L ZEL
By
AJL iel
Enclosures
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FOR ASSOCIATED
DRAWING OR MAP
SEE
35mm MICROFILM REEL
DRAWING NUMBER
COUNTY OF SAN DIEGO
De artment 11 General Serif ico
04 Service
Central Rec
County Opinations Center, 5555 Ovefland A� pmj", San Diego, California 92123
CFtG 330 ( 11 -74)
RESOLUTION ABANDONING SUPERSEDED
COUNTY HIGHWAY
BE IT RESOLVED by the Board of Supervitors of
the County of San Diego, State of California , that the
county road or highway hereinafter described was not
acquired by the County by eminent domain proceedings ,
nor was said county road or highway dedicated to public
use by deed or other conveyance of record , and that said
county road or highway has been superseded by relocation ,
as delineated and set forth on Road Survey No . 458 , Sheet
3 , and that pursuant to the authority contained in Sections
96001 and 960 . 2 of the Street and Highways Code of the
State of California , said county road or highway so super -
seded is hereby abandonede Said county road or highway
Is described as follows , to -wit :
All that part of West 6th Street , as shown
on the Official Maps of Rancho Los Encenitos ,
Noe 848 , filed for record in the Office of
the County Recorder of San Diego County ,
California , on June 27 , 1898 , and of Colony
Olivenhain , Map Noe 326 , filed for record
in the Office of the County Recorder of San
Diego County , California , on July 8 . 1885 ,
lying north of the County Road , as now laid
out , improved and traveled , and known as
the Encinitas -Olivenhain Boulevard , and as
shown on the Road Survey Map Noe 458 in
the Office of the County Surveyor of said
San Diego County and extending from the
Westerly boundary line of said Rancho Las
Encinitas in an Easterly direction to the
Westerly line of West B Street , as shown
on said Maps ; and also that part of West
4th Street , as shown on said Maps , that
lies northerly of said present County Road
as shown on said Road Survey Map No . 458 ,
and said Maps numbered 848 and 326 , that
extends from the Easterly line of West B
Street in a Southeasterly direction to the r ,
West line of Colony Avenue , as shown on
said Maps .
4
PETITION FOR SUMMARY ABANDONMENT
OF SUPERSEDED COUNTY HIGHWAY
TO THE HONORABLE THE BOARD OF SUPERVISORS ,
COUNTY OF SAN DIEGO , STATE OF CALIFORNIA :
Carl A . Eckardt and Eleanor T . Eckardt , husband
and wife , respectfully petition for the abandonment of the
county road or highway hereinafter described , and in sup -
port of said petition allege ;
I
That said county road or highway was never dedi -
cated to the public by deed or other written conveyance ,
nor was said county road or highway acquired by the public
through eminent domain .
II
That said county road or highway is indicated
as being dedicated to public use on Map No . 326 , being a
plat of the Colony of Olivenhain on the Rancho Los Encbnitos ,
filed in the Office of the County Recorder on July 8 . 1885 ;
that said plat of said Colony of Olivenhain is a drawing
of what purports to be lots or blocks with numbered streets,
without disclosing the dimension of said lots or blocks or
the width of streets ,
III
That the said county road or highway for which
abandonment is herein sought has not , for many years, been
traveled or used by the public , but the public has followed
a meandering road approximating the location of said highway .
MAY 2 '1 1946
a
IV
That said county road or highway has been re -
located and the relocation thereof is delineated and set
forth on the Map of Road Survey No . 458 , Sheet 3 .
V
That said county road or highway , for the abandon-
ment of which application is here made , is also shown upon
Map No . 848 , and that the applicants , as joint tenants ,
are the owners of the lands abutting upon both sides of said
highway ; that said applicants are the owners of Lots 23 ,
27 and 28 , as shown on said Road Survey No . 548 and Map
No . 848 of the Rancho Los Enoenitos , and also the owners
of Block 93 , as shown on said Road Survey Map and Map
No . 326 .
VI
Said county road or highway , the abandonment for
which application is here made , is described as follows ;
All that part of West 6th Street , as shown
on the Official Maps of Rancho cLos -, . Encenitosi �1 '' Aj41
No . 848 , filed for record in the Office` of
the County Recorder of San Diego County ,
California , on June 27 , 1898 , and of Colony
Olivenhain , Map No . 326 , filed for record
in the Office of the County Recorder of San
Diego County , California , on July 8 , 1885 ,
lying north of the County Road , as now laid
out , improved and traveled , and known as the
Encinitas -Olivenhain Boulevard , and as shown
on the Road Survey Map No . 458 in the Office
of the County Surveyor of said San Diego County
and extending from the westerly boundary line
of said Rancho Las Encinitas in an easterly
direction to the Westerly line of West B Street ,
as shown on said Maps ; and also that part of
West 4th Street , as shown on said Maps , that
lies northerly of said present County Road
as shown on said Road Survey Map. No . 458 , and
said Maps numbered 848 and 326 , that extends
from the Easterly line of West B Street in a
Southeasterly direction to the West line of
Colony Avenue , as shown on said Maps .
2
Dated : This OIL day of May , 1946 .
�c 6?
STATE CF CALIFORNIA , )
) as
COUNTY OF SAN DIEGO )
CARL A . ECKARDT , being duly sworn , says * That
he Is one of the petitioners in the above entitled actions
that he has read the foregoing PETITION FOR SUMMARY ABANDON -
MENT OF SUPERSEDED COUNTY HIGHWAY, and knows the contents
thereof ; that the same is true of his own knowledge , except
as to the matters which are therein stated on his information
or belief , and as to those matters that he believes it to
be true ,
Subscribed and sworn to before me ,
this QJA day of May , 19460
JJJ
Notary Public in and a
County and Stat
ev
t.V Commss:on c;qrQs Match 25, 1949
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PETITION FOR SUMMARY ABANDONMENT
OF SUPERSEDED COUNTY HIGHWAY
TO THE HONORABLE THE BOARD OF SUPERVISORS ,
COUNTY OF •SAN DIEGO , STATE OF CALIFORNIA : _
Carl A . tEokardt and Eleanor T . Eckardt , husband . .
and wife , respectfully petition for the abandonment ' of " the .
county road or highway hereinafter described , - and in sup -
port of said petition allege :
That said aounty. road or highway was never dedi -
oated to the public by deed or other written conveyance ,
nor was said county road or highway aoquired by the .public
It
through eminent domain. III,,
II
That said county road or highway is 'indioa' ted
as ' being dedicated ; to .publio use on Map No • 326 , being a
plat of the . Colony of Olivenhain on the Rancho ' Los Enoenitos ,
f fled • in the Off ioe of the . County Reoorder on July 8 , 1885 ;
that said ` plat of said Colony of 1 01ivenhain . is a drawing •
, of ,what, I purports . ao . be lots' or, blocks with numbered atreets ,
without , disolosing the d'imens,i'on of said iota or •, blooka or '
the . width of. Streets .
III
That the" 'said county road or highway for which
abandonment is herein sought has not , ' for manyL years`, been
traveled or used by the public $ L, but the _ publio , has followed .
a meandering road approximating the looation ott,,said highway .
_ I
That said county road or highway has been re -
located and the relocation thereof is delineated and set
forth on the Map of Road Survey No . 4580 Sheet 3 .
V
That said county road or highway , for the abandon-
ment of which application is here made , is also shown upon
Map No . 848 , and that the applicants , as joint tenants ,
are the owners of the lands abutting upon both sides of said
highway.; that said applicants are the owners of Lots 230
27 and 282, as shown on said Road Survey No . � 548 > and Map
No . 848 of the Rancho Los Encenitos , and also the owners
of Block 93 , as shown on said Road Survey Map and Map
No . .326 ,
VI
Said county road or highway , the abandonment for , ;
which . applioation is here made , is described as follows : .
All . that part of West 6th Street . , as shown
on , the Official Maps of Rancho Ls, Enoenitos ,
No . , 8480 filed for record . in the Office of -
the OountyRecorder of San Diego County,
California, on June 27 , : 1898 , -arid of ' Colony
Olivenhain, Map No . ; 326 , . filed ' 'for record
in ; the ' Office of - the County Recorder of San
:.Diego County , . Oalifornia , won July 8 , ,, 188549
lying north of the ' ,Oounty Road, ; as now laid
out, improved and traveled , and known as - the
Encinitas -Olivenhain Boulevard , and as shown
on the . Road Survey Map No . 4,58 in the 6ffiee
Of the County Surveyor of said San Diego County
and extending from the westerly . boundary _ line
of .-' said Rancho ' Las Encinitas in an easterly
direction to ' the Westarly ' line - of West B 'Street
as shown on said Maps ; . and also that part of ,
Went 4th . Street, . as shown on said Maps , that :
lies northerly of said present County Road
as shown on said Road Survey Map No . 458 , , and
said Maps numbered * 848 ' and ' 326 , , that extends
from the Easterly line, of West ,. B, ; Street in a
Southeasterly direction to the- West line of
. Colony Avenue , , . as shown on said Maps .
2
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It Datedf This c" PIL day of May , 1946 . , 11 ILI
Carl A . aokardt Y It
Iv
Eleanor T . g'akardt
STATE OF CALIFORNIA , )
as
COUNTY OF SAN DIEGO )
CARL A . ECKARDT , being duly sworn, sayal That
he : is one . of the petitioners I "in the above' entitled aotiorij
ILI
that he has read the foregoing . PETITION " FOR • SUMMARY .ABANDON -
MENT, OF SUPERSEDED COUNTY HIGHWAY, and knows the oontents`
ILI
thereof j , that the , same Is true of his own . knowledge ; except. ILL . 14
as to the 'matters ' whioh are therein stated on his information.
or belief , and as to those matters that " he •believes `1t to. . L , Ire
It I
be true .' '
aerl' A . Ra}iardt'.'
ILI Subsoribed andr ""'sworn to before ' me , ' 11 It ILI ,
ILL . . 1 L .
ILI this "" '" day 'of Foley , 1946 .
ILL.ILI
mabel , Ge' Lo ( SEAL ) r 11 I ' LL
No . . i'Y;; Pu c . ;; a or sa
LILL
.County and . State
hfy Comm! P!r05 karch 25, 1949
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